Gotovina's defence counsel insists on logs kept by the European monitoring mission in 1995 in Croatia.
The request refers to a total of 95 documents which Brussels has failed to produce although the Hague tribunal forwarded the request on 28 February 2008.
According to the deposition made by the defence, the first response from the EU was lacking and the defence did not receive the 95 documents, and the documents that were sent had been edited to the extent that they could not be used in the cross-examination of prosecution witnesses.
The lawyers say that statements made by witnesses earlier in the trial unequivocally prove that those documents have existed and that their unavailability constitutes a breach of the defendants' right to a fair trial.
The ICTY indicted Gotovina for war crimes committed during the August 1995 Operation Storm when the Croatian army and police retook areas which Serb rebels occupied in 1991.